DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims: 11,14 are rejected under 35 U.S.C. 112, second paragraph, as failing to set forth the subject matter which applicant(s) regard as their invention. Specifically the use of the word “around” when indicating a value, duration, numerical range, location, shape, or comparative sizing or proximity is considered indefinite as the specification or arguments previously presented fails to provide some standard for measuring that degree; and there is no standard that is recognized in the art for measuring the meaning of the term of said degree.Terms of Degree: When a term of degree is used in the claim, the examiner should determine whether the specification provides some standard for measuring that degree. If the specification does not provide some standard for measuring that degree, a determination must be made as to whether one of ordinary skill in the art could nevertheless ascertain the scope of the claim (e.g., a standard that is recognized in the art for measuring the meaning of the term of degree). The claim is not indefinite if the specification provides examples or teachings that can be used to measure a degree even without a precise numerical measurement (e.g., a figure that provides a standard for measuring the meaning of the term of degree). During prosecution, an applicant may also overcome an indefiniteness rejection by submitting a declaration under 37 CFR 1.132 showing examples that meet the claim limitation and examples that do not. < Federal Register /Vol. 76, No. 27 / February 9, 2011 / Notices, (Page 7165 :Col 3, Par. 0003) >
Claims 13,15 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claims 13,15, the following claimed language suggests or makes optional but do(es) not require the claimed limitations contained therein rendering the claim(s) indefinite:
Claim 13: “optionally wherein the exhaust gas conduit is a turbine diffuser”;
Claim 15: “optionally wherein the exhaust gas conduit is integral with the turbine housing”;
For examination purposes, under a broadest reasonable interpretation, these claimed limitations have been interpreted as not requiring the aforementioned optional components. See MPEP 2111.04.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8,12,16,24,29 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 20150122002 to Mackaldener.
As to claim 1, Mackaldener discloses An exhaust gas conduit for an exhaust system of an internal combustion engine, said exhaust gas conduit including a main passage for a main flow (6) of exhaust gases passing through the exhaust gas conduit, a chamber ( 20/10) configured to receive an aliquot of exhaust gases separated from the main flow of exhaust gases (via 12), a mounting point in the chamber for mounting an exhaust gas sensor (8), the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough (Fig 1, Par 0025, 0035).
As to claim 2, Mackaldener discloses the chamber is configured to reduce the velocity and/or the pressure of the exhaust gases passing therethrough (Fig 1, Par 0025, 0035 further an inherent feature due to nozzle expansion 14 to 20 as well as right angles of flow Fig 1).
As to claim 3, Mackaldener discloses an exhaust gas sensor is at least partially disposed in the chamber (8, Fig 1).
As to claim 4, Mackaldener discloses the exhaust gas sensor is a NOx sensor (Abs).
As to claim 5, Mackaldener discloses the chamber is provided at least partially in a recess in a wall of the exhaust gas conduit (Fig 1).
As to claim 6, Mackaldener discloses the chamber is at least partially defined by a wall which separates exhaust gases within the chamber from the remainder of the exhaust gases in the exhaust gas conduit (Fig 1).
As to claim 7, Mackaldener discloses the chamber is configured to return the aliquot of exhaust gases to the main flow of exhaust gases (24).
As to claim 8, Mackaldener discloses the chamber comprises an inlet opening and an outlet opening (14,24).
As to claim 12, Mackaldener discloses the chamber is configured to receive a portion of exhaust gases passing along an interior face of the exhaust gas conduit (Fig 5 radially outward 14 orifices).
As to claim 16, Mackaldener discloses the chamber is an expansion chamber (nozzle expansion 14 to 20).
As to claim 24, Mackaldener discloses the exhaust gas conduit includes one or both of a chamber inlet slope and a chamber outlet slope (22).
As to claim 29, Mackaldener discloses A method of measuring a property of an exhaust gas of an internal combustion engine, the method including the steps of: a) separating an aliquot of exhaust gases from a main flow of exhaust gases in an exhaust gas conduit into a chamber; b) modifying the pressure and/or the velocity of the aliquot of exhaust gases; c) measuring a property of the aliquot of exhaust gases (Fig 1, Par 0025, 0035 further an inherent feature due to nozzle expansion 14 to 20 as well as right angles of flow Fig 1).
Claims 1,13,24 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 8935914 to Okami.
As to claim 1, Okami discloses An exhaust gas conduit for an exhaust system of an internal combustion engine, said exhaust gas conduit including a main passage for a main flow of exhaust gases passing through the exhaust gas conduit (22), a chamber configured to receive an aliquot of exhaust gases separated from the main flow of exhaust gases (36), a mounting point in the chamber for mounting an exhaust gas sensor (39), the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough (inherent expansion into chamber and angle flow changes Fig 4, Par 0025, 0035).
As to claim 13, Okami discloses the exhaust gas conduit is a diffuser (22), optionally wherein the exhaust gas conduit is a turbine diffuser.
As to claim 24, Hiroki discloses the exhaust gas conduit includes one or both of a chamber inlet slope and a chamber outlet slope (Okami: Fig 4).
Claims 1,18,19 are rejected under 35 U.S.C. 102(a1) as being anticipated by DE10245297 to Ulrich.
As to claim 1, Ulrich discloses An exhaust gas conduit for an exhaust system of an internal combustion engine, said exhaust gas conduit including a main passage for a main flow of exhaust gases passing through the exhaust gas conduit (12), a chamber configured (24) to receive an aliquot of exhaust gases separated from the main flow of exhaust gases, a mounting point in the chamber for mounting an exhaust gas sensor (22), the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough (inherent expansion into chamber and angle flow changes Fig 1; Abs).
As to claim 18, Ulrich discloses the chamber is defined by a wall (Fig 1, pipe wall 12) which separates the chamber from the main passage of the exhaust gas conduit, wherein the wall comprises an upstream edge comprising a lip configured to direct exhaust gases into the chamber (26).
As to claim 19, Ulrich discloses the lip extends into the main passage of the exhaust gas conduit (26, Fig 1,2).
Claims 1,13,14 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent 10669916 to Kimura.
As to claim 1, Kimura discloses An exhaust gas conduit for an exhaust system of an internal combustion engine, said exhaust gas conduit including a main passage for a main flow of exhaust gases passing through the exhaust gas conduit (7), a chamber configured (10c/10b) to receive an aliquot of exhaust gases separated from the main flow of exhaust gases, a mounting point in the chamber for mounting an exhaust gas sensor (100 Fig 4), the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough (inherent feature due to the torturous nature through 10d regions Fig 4).
As to claim 13, Kimura discloses the exhaust gas conduit is a diffuser (7, fig 2a), optionally wherein the exhaust gas conduit is a turbine diffuser (Fig 2a).
As to claim 14, Kimura discloses the exhaust gas conduit including an inlet for receiving exhaust gases from a turbocharger having a turbine wheel (Fig 2a), the turbine wheel comprises an exducer defining an exducer diameter (of 60a), the exhaust gas conduit defines a centreline (centerline shown Fig 2a); and the chamber has an inlet opening (10d) spaced apart from the exducer of the turbine wheel by a distance of at most around 3 exducer diameters along the centreline of the exhaust gas conduit (Fig 2a).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-3,5-8,12,15,24 are rejected under 35 U.S.C. 103 as being unpatentable over JP2007247560 to Hiroki in view of US Patent 8935914 to Okami .
As to claim 1, Hiroki discloses An exhaust gas conduit for an exhaust system of an internal combustion engine, said exhaust gas conduit including a main passage for a main flow of exhaust gases passing through the exhaust gas conduit (8, Fig 7-9), a region configured to receive an aliquot of exhaust gases separated from the main flow of exhaust gases (past section 8), a mounting point in the region for mounting an exhaust gas sensor (7) the region being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough (Abs, Par 0013, 0016-0019,0023,0048).
While Hiroki is designed to allow flow from a bypass passage of a high flow region to reach the sensor to help it warm up, it does not expressly disclose how the region where flow is directed is a chamber configured to receive an aliquot of exhaust gases separated from the main flow of exhaust gases, a mounting point in the chamber for mounting an exhaust gas sensor, the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough.
Okami discloses combining flows from a high flow region with a low flow region via in wall channels 44,54 to improve sensor accuracy in a chamber configured to receive an aliquot of exhaust gases separated from the main flow of exhaust gases, a mounting point in the chamber for mounting an exhaust gas sensor, the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough (Fig 4, Par 0025, 0035).
At the time of invention, it would have been obvious to one of ordinary skill in the art to modify Hiroki to include a chamber configured to receive an aliquot of exhaust gases separated from the main flow of exhaust gases, a mounting point in the chamber for mounting an exhaust gas sensor, the chamber being configured to modify the velocity and/or the pressure of exhaust gases passing therethrough using the teachings of Okami so as to allow the bypass air to enter the region of the sensor for early warmup while also mixing bypass and turbine expanded air, ie fast and low speed air using separate inlet channels, in a chamber allowing for a more uniform and averaged reading of the exhaust air components increasing overall reading accuracy while allowing early warm up of the sensor.
As to claim 2, Hiroki discloses the chamber is configured to reduce the velocity and/or the pressure of the exhaust gases passing therethrough (inherent expansion into larger chamber and angle changes to flow (Okami : 34).
As to claim 3, Hiroki discloses an exhaust gas sensor is at least partially disposed in the chamber (Okami: 39).
As to claim 5, Hiroki discloses the chamber is provided at least partially in a recess in a wall of the exhaust gas conduit (Okami: Fig 4).
As to claim 6, Hiroki discloses the chamber is at least partially defined by a wall which separates exhaust gases within the chamber from the remainder of the exhaust gases in the exhaust gas conduit (Okami: Fig 4).
As to claim 7, Hiroki discloses the chamber is configured to return the aliquot of exhaust gases to the main flow of exhaust gases (Okami: 42, Fig 4).
As to claim 8, Hiroki discloses the chamber comprises an inlet opening (52,54 Fig 3) and an outlet opening (42).
As to claim 12, Hiroki discloses the chamber is configured to receive a portion of exhaust gases passing along an interior face of the exhaust gas conduit (Okami: 44,54, Fig 4).
As to claim 15, Hiroki discloses wherein the exhaust gas conduit is an element of a turbine housing, optionally wherein the exhaust gas conduit is integral with the turbine housing (Hiroki : Fig 7-9).
As to claim 24, Hiroki discloses the exhaust gas conduit includes one or both of a chamber inlet slope and a chamber outlet slope (Okami: 44,54, Fig 4).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 20150122002 to Mackaldener in view of US Publication 20200157994 to Iivonen .
As to claim 9, While Hiroki discloses how an SCR catalyst is with a reductant injector and how the NOx sensor is used to regulate the NOx amount in the system it does not expressly disclose discloses the inlet opening is disposed upstream of a reducing agent injection point.
Iivonen discloses how the NOx sensor (20) is upstream of the injection point (18) for a SCR catalyst (14) where it is commonly known to do so as to avoid cross contamination of the NOx sensor and misreading by the sensor (Abs).
At the time of invention, it would have been obvious to one of ordinary skill in the art for the inlet opening to be disposed upstream of a reducing agent injection point using the general teachings of Iivonen so as to avoid cross contamination of the NOx sensor and misreading by the sensor as commonly known in the art.
As to claim 10, the modified Hiroki discloses wherein the inlet opening is separated from the reducing agent injection point by a distance sufficient such that in operation essentially no reducing agent provided via the reducing agent injection point enters the chamber (as discussed in claim 9 so as to avoid cross contamination as commonly known in the art by NOx sensors sensitive to both NOx and NH3 which would yield incorrect readings).
Allowable Subject Matter
While all claims are currently held rejected no art is applied to claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE SAMUEL BOGUE whose telephone number is (571)270-1406. The examiner can normally be reached on M-F 8:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi can be reached on 571-270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSE S BOGUE/Primary Examiner, Art Unit 3746
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